TEXAS JURISPRUDENCE ACTUAL EXAM /
550+ QUESTIONS & COMPLETE ANSWERS / A+
SCORE SOLUTION / NEWEST 2025.
Terms in this set (551)
Can a patient successfully sue No
a doctor if there is no
physician-patient
relationship?
If there is no prior physician- No
patient relationship, are you
legally obliged to respond to
a call from a patient for
treatment?
Does being on call give rise No
to a physician-patient
relationship?
How can one terminate a 30 days written notice; must provide for emergency
physician-patient
relationship, without
abandonment if there is
ongoing treatment?
Does a physician's duty Yes
extend to the unborn child or
potential victims of an ill
patient?
, Prove that negligence caused harm and that the cause was
What is "proximate cause"? not too remote; what is required to hold a defendant liable
in a civil lawsuit
What are the two Cause-in-fact (but-for test) and foreseeability
components of proximate
cause?
Does an expert witness Yes
have to be actively
practicing medicine?
Does an expert witness have Yes
to know standards of care?
Does an expert witness have Yes
to have enough training to
express an opinion on
whether standard of care
was provided?
Does an expert witness have No, board certified or eqivalent
to be board certified?
In a medical malpractice Yes, with two exceptions
case, are expert witnesses
required?
In a medical malpractice Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per
setting, what 2 instances se (a law was broken)
do not need expert
testimony?
What are "exemplary Damages above compensatory designed to punish the
damages"? defendant and deter the behavior
,Is there a cap to $250,000 for physicians, $500,000 for hospitals
noneconomic damages?
How much?
Does the cap on No
noneconomic damage
depend on the number of
defendants or claimants?
What is "proportional Percentage of liability apportioned according to percentage of fault
responsibility"?
Can the claimant have part Yes
of the proportional
responsibility?
If the claimant's If > 50%, no damages awarded
proportionate responsibility
is more than what %, he/she
may not recover damages?
How long is the statute of 2 years; for minors 2 years after becoming 18 years of age
limitations for adults? For
minors?
By how much can the statute File complaint—extra 60-day, notice letter extends statute by
of limitations be extended 75 days
and how?
What is the statute of 2 years
limitations for wrongful
death?
What is the discovery rule? Statute does not begin until damage is discovered. For
Give examples. example, a retained sponge that is found 3 years post-op
, Is there immunity from civil Yes, except gross negligence
action in emergency cases?
Is there immunity from civil Yes, except gross negligence
action in volunteer care?
When can a physician be Un-consented surgery or examination or when exceeding the
charged with "assault and scope of the consent
battery"?
When can a physician be Unilateral cessation of treatment when continued treatment is
charged with patient necessary
abandonment?
What is "strict liability"? Liability that does not depend on actual negligence, but
that is based on a breach of a duty to make something
safe. This often applies to product liability
Are hospitals liable for the No, unless the hospital employs the physician
actions of a physician?
Who determines in a Judge by inspection
criminal case if the
medical records of a
patient should be
released?
How many days do you 45 days
have to release medical
records to an attorney?
Can medical records be Yes, but only with affidavit
admitted as evidence in
court? What are the
requirements?
What are schedule 1, 2, 3, 4, Schedule 1—no known use (e.g., heroin); schedule 2— very
5 drugs? addictive (morphine, cocaine); schedule 3-5—less addictive
550+ QUESTIONS & COMPLETE ANSWERS / A+
SCORE SOLUTION / NEWEST 2025.
Terms in this set (551)
Can a patient successfully sue No
a doctor if there is no
physician-patient
relationship?
If there is no prior physician- No
patient relationship, are you
legally obliged to respond to
a call from a patient for
treatment?
Does being on call give rise No
to a physician-patient
relationship?
How can one terminate a 30 days written notice; must provide for emergency
physician-patient
relationship, without
abandonment if there is
ongoing treatment?
Does a physician's duty Yes
extend to the unborn child or
potential victims of an ill
patient?
, Prove that negligence caused harm and that the cause was
What is "proximate cause"? not too remote; what is required to hold a defendant liable
in a civil lawsuit
What are the two Cause-in-fact (but-for test) and foreseeability
components of proximate
cause?
Does an expert witness Yes
have to be actively
practicing medicine?
Does an expert witness have Yes
to know standards of care?
Does an expert witness have Yes
to have enough training to
express an opinion on
whether standard of care
was provided?
Does an expert witness have No, board certified or eqivalent
to be board certified?
In a medical malpractice Yes, with two exceptions
case, are expert witnesses
required?
In a medical malpractice Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per
setting, what 2 instances se (a law was broken)
do not need expert
testimony?
What are "exemplary Damages above compensatory designed to punish the
damages"? defendant and deter the behavior
,Is there a cap to $250,000 for physicians, $500,000 for hospitals
noneconomic damages?
How much?
Does the cap on No
noneconomic damage
depend on the number of
defendants or claimants?
What is "proportional Percentage of liability apportioned according to percentage of fault
responsibility"?
Can the claimant have part Yes
of the proportional
responsibility?
If the claimant's If > 50%, no damages awarded
proportionate responsibility
is more than what %, he/she
may not recover damages?
How long is the statute of 2 years; for minors 2 years after becoming 18 years of age
limitations for adults? For
minors?
By how much can the statute File complaint—extra 60-day, notice letter extends statute by
of limitations be extended 75 days
and how?
What is the statute of 2 years
limitations for wrongful
death?
What is the discovery rule? Statute does not begin until damage is discovered. For
Give examples. example, a retained sponge that is found 3 years post-op
, Is there immunity from civil Yes, except gross negligence
action in emergency cases?
Is there immunity from civil Yes, except gross negligence
action in volunteer care?
When can a physician be Un-consented surgery or examination or when exceeding the
charged with "assault and scope of the consent
battery"?
When can a physician be Unilateral cessation of treatment when continued treatment is
charged with patient necessary
abandonment?
What is "strict liability"? Liability that does not depend on actual negligence, but
that is based on a breach of a duty to make something
safe. This often applies to product liability
Are hospitals liable for the No, unless the hospital employs the physician
actions of a physician?
Who determines in a Judge by inspection
criminal case if the
medical records of a
patient should be
released?
How many days do you 45 days
have to release medical
records to an attorney?
Can medical records be Yes, but only with affidavit
admitted as evidence in
court? What are the
requirements?
What are schedule 1, 2, 3, 4, Schedule 1—no known use (e.g., heroin); schedule 2— very
5 drugs? addictive (morphine, cocaine); schedule 3-5—less addictive
